Wednesday, January 25, 2012

What do i need to represent myself in a child custody case?

My wife has custody, but not set forth in a court and i would like custody of our child. I have tons of things that she has done, but no physical proof other than witnesses. What do i need to do to rep myself, i cant afford a lawyer. Help.....pleaseWhat do i need to represent myself in a child custody case?
Unfortunately, you are dealing with an area of law that is extremely complex. Just because you decide to go at this yourself does not mean the court will accept your lack of understanding the proper procedures, protocal and application of law. You will be held to the exact same standard by the court as any well-seasoned attorney would be. Likewise, you will be legally bound to what is produced. Often, well-seasoned attorneys know the pitfalls to look out for that will not be apparent to the normal person and they work hard to protect their clients from those unforeseen issues. That's because it's their job and they have seen it over and over again, you have not.



I make the analogy to persons considering self-representation to that of a person who has a cracked tooth or a broken arm deciding to fix themselves without a dentist or doctor. Can they fix the problem? Certainly. Will they enjoy the long-term ramifications of the “do-it-yourself” fix? Almost certainly not.



You need to realize that many times, the pitfalls associated with a poorly constructed settlement agreement can wind up requiring a party to press the “reset button” on their finances by filing a bankruptcy petition.



I understand your lack of financial resources is a problem especially in this economic time, but you owe it to yourself to be very careful on how you proceed here. The last thing you want to do is go into the courtroom and be bound by something that will give you years of headache and financial woes later on down the road. I commend you wanting to be a good father and have custody and time with your children, but please be careful here.



You might want to spend some time researching the various issues such as pro se (representing yourself) on DadsDivorce.com, a free resource website for men facing the various issues surrounding family law, not just divorce. You mentioned that you have tons of things she has done but no physical proof, you may want to search for articles related to what you are talking about here as well to learn more about what is considered proof and if these things she has done would stand up in court or not.What do i need to represent myself in a child custody case?
You can not take on a complicated legal matter without representation. The courts will see you as having a strike against you for being foolish and coming without representation. It is not a way to win a legal proceeding. You also need legal advice because the law is complex and the factors that are considered by the court are not always immediately apparent.What do i need to represent myself in a child custody case?
A lawyer. I mean, if your kids are worth it, get a lawyer and work out a pay schedule for God's sake.
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